FAQ

What is meant by ‘Design’ under the Designs Act, 2000 ?

  Comment:. ‘Design’ means only the features of shape, configuration, pattern or ornament or composition of lines or colour or combination thereof applied to any article whether two dimensional or three dimensional or in both forms, by any industrial process or means, whether manual, mechanical or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye, but does not include any mode or principle or construction or any thing which is in substance a mere mechanical device, and does not include any trade mark, as define in clause (v) of sub-section of Section 2 of the Trade and Merchandise Marks Act, 1958, property mark or artistic works as defined under Section 2(c) of the Copyright Act, 1957.

Why is it important for filing the application for registration of design at the earliest possible ?

  Comment: First-to-file rule is applicable for registrability of design. If two or more applications relating to an identical or a similar design are filed on different dates only first application will be considered for registration of design

How does the registration of Design stop others from exploiting?

  Comment: Once a design is registered, it gives the legal right to bring an action against those persons (natural/legal entity) who infringe the design right, in the Court not lower than District Court in order to stop such exploitation and to claim any damage to which the registered proprietor is legally entitled. However, it may please be noted that if the design is not registered under the Designs Act, 2000 there will be no legal right to take any action against the infringer under the provisions of the Designs Act, 2000. The Patent Office does not become involved with any issue relating to enforcement of right accrued by registration; similarly The Patent Office does not involve itself with any issue relating to exploitation or commercialization of the registered design

What is the duration of the registration of a design? Can it be extended?

  Comment: The duration of the registration of a design is initially ten years from the date of registration, but in cases where claim to priority has been allowed the duration is ten years from the priority date.This initial period of registration may be extended by further period of 5 years on an application made in Form-3 accompanied by a fee of Rs. 2,000/- to the Controller before the expiry of the said initial period of Copyright. The proprietor of a design may make application for such extension even as soon as the design is registered.

What is the difference between Patent & Design?

  Comment: A patent covers the function, operation or construction of a new creation. To be patentable, a function must be innovative, have an industrial application and be described in such a fashion that a man of the art is capable of reproducing the process. A design covers the appearance only of a product. A design cannot protect the function of a product. If protecting a product with both a patent and a design registration (i.e. a new product can perfectly include both new functions and a new appearance), the timing of the applications will be crucial, as it must be ensured that the publishing of one or other of the rights does not destroy the novelty of the other application.

 

What is a Register of Designs?

  Comment: The Register of Designs is a document maintained by The Patent Office, Kolkata as a statutory requirement. It contains the design number, class number, date of filing (in this country) and reciprocity date (if any), name and address of Proprietor and such other matters as would affect the validity of proprietorship of the design and it is open for public inspection on payment of prescribed fee & extract from register may also be obtained on request with the prescribed fee.

When does the Applicant for Registration of Design get the registration certificate?

  Comment: When an application for registration of a Design is in order, it is accepted and registered and then a certificate of registration is issued to the applicant.However, a separate request should be made to the Controller for obtaining a certified copy of the certificate for legal proceeding with requisite fee.

 

Is it possible to re-register a design in respect of which Copyright has expired?

 Comment: No. A registered design, the copyright of which has expired cannot be re-registered.

 

What is the duration of the registration of a design? Can it be extended?

 Comment: The duration of the registration of a design is initially ten years from the date of registration, but in cases where claim to priority has been allowed the duration is ten years from the priority date.This initial period of registration may be extended by further period of 5 years on an application made in Form-3 accompanied by a fee of Rs. 2,000/- to the Controller before the expiry of the said initial period of Copyright. The proprietor of a design may make application for such extension even as soon as the design is registered.

Can the Registration of a Design be cancelled ?

 Comment: The registration of a design may be cancelled at any time after the registration of design on a petition for cancellation in form 8 with a fee of Rs. 1,500/-to the Controller of Designs on the following grounds:

  1. That the design has been previously registered in India or
  2. That it has been published in India or elsewhere prior to date of registration or
  3. The design is not new or original or
  4. Design is not registrable or
  5. It is not a design under Clause (d) of Section 2.

 

Whether it is possible to transfer the right of ownership ?

 Comment: Yes, it is possible to transfer the right through assignment, agreement, transmission with terms and condition in writing or by operation of law. However, certain restrictive conditions not being the subject matter of protection relating to registration of design should not be included in the terms and condition of the contract/agreement etc. An application in form-10, with a fee of Rs. 500/- in respect of one design and Rs. 200/- for each additional design, for registration of the transfer documents is required to be made by the beneficiary to the Controller within six months from the date of execution of the instruments or within further period not exceeding six months in aggregate. An original/notarized copy of the instrument to be registered is required to be enclosed with the application.